Going to Court for Credit Card Debt: Key Defense Tips
When sued for credit card debt, you must file an Answer within the deadline or face wage garnishment and bank account seizures. Strong affirmative defenses like statute of limitations and lack of standing can get lawsuits dismissed or force better settlement terms.
Answer Your LawsuitYou missed credit card payments. Now you’re facing a lawsuit. Over 70 million Americans deal with credit card company collections each year. You’re not alone in this fight.
Credit card companies escalate quickly. First come the calls. Then the letters. Finally, a lawsuit lands on your doorstep. When you get served with a Summons and Complaint, your response matters.
Respond to Your Credit Card Lawsuit in 15 Minutes
Don't let the deadline pass and face wage garnishment. Get your Answer filed properly and protect your rights before it's too late.
File Your Answer NowMany people freeze when sued for credit card debt. They ignore the paperwork and hope it goes away. That’s the worst move you can make.
Answer the Lawsuit or Face Serious Consequences
You must respond to a credit card lawsuit within the deadline. Your written response is called an Answer. Missing this deadline triggers a default judgment against you.
A default judgment gives the credit card company powerful collection tools. They can garnish your wages. They can freeze your bank account. They can pursue attorney fees and court costs.
Our partner Solo helps you file a proper Answer in just 15 minutes.
Filing an Answer actually gives you leverage. Debt collectors count on you staying silent. When you respond, they often become more willing to negotiate. Many will settle rather than spend money on litigation.
Challenge Their Right to Sue You
Credit card companies must prove they can legally collect the debt. They need to show the chain of custody. Original creditors often sell debts to collection agencies. Each sale requires documentation.
Demand proof in your Answer. Make them produce account statements. Make them show the assignment of debt. If they can’t provide proper documentation, the case could get dismissed.
You have the right to see evidence. The credit card company must prove you owe the exact amount they claim. Don’t accept their word alone.
Use the Statute of Limitations Defense
Every state limits how long creditors can sue for old debts. Once the statute of limitations expires, you have a powerful defense. The time period varies by state, typically three to six years.
Check when you last made a payment. Count forward using your state’s statute of limitations. If the deadline passed, include this affirmative defense in your Answer.
A valid statute of limitations defense can get the entire lawsuit dismissed. Judges must honor these time limits. Credit card companies know this but sue anyway.
Prepare Strong Affirmative Defenses
Your Answer should include affirmative defenses beyond just denying the allegations. Common defenses in credit card lawsuits include:
- Statute of limitations has expired
- Plaintiff lacks standing to sue
- Debt was discharged in bankruptcy
- Amount claimed is incorrect
- Identity theft or fraud occurred
- Account was never yours
Our partner Solo walks you through selecting the right defenses for your situation.
Demand Proof of the Debt Amount
Credit card companies add interest, fees, and penalties. These additions often inflate the original balance significantly. You can challenge these calculations.
Request an itemized accounting. Ask for the original credit agreement. Review every charge they claim you owe. Many lawsuits include inflated amounts or improper fees.
Credit card companies must prove each element of their claim. Don’t let them get away with unsupported numbers.
Show Up to Court Ready to Defend Yourself
If your case goes to trial, attendance is mandatory. Bring your Answer and all related documents. Dress professionally and arrive early.
Present your defenses clearly and calmly. Stick to the facts. Judges appreciate organized defendants who know their rights.
Many credit card lawsuits settle before trial. Your strong Answer and preparation increase settlement chances. Companies prefer settling with defendants who fight back.
Consider Settlement Negotiations
Credit card companies often accept less than the full amount. They bought your debt for pennies on the dollar. Any payment above their purchase price is profit.
Negotiate from a position of strength after filing your Answer. Offer a lump sum payment for a reduced balance. Get any agreement in writing before paying.
Never agree to payment terms you can’t afford. A broken settlement agreement makes your situation worse.
Know Your Rights Under Federal Law
The Fair Debt Collection Practices Act protects you from abusive collection tactics. Debt collectors cannot harass you. They cannot call at unreasonable hours. They cannot threaten illegal actions.
Document any violations. Keep records of all communications. You may have grounds for a counterclaim against the collector.
Federal law gives you powerful tools. Use them to level the playing field.
Take Action Before the Deadline Passes
Time is your enemy in a debt lawsuit. Response deadlines are strict, typically 20-30 days after service. Courts rarely grant extensions for missed deadlines.
Start working on your Answer immediately after being served. Gather your documents. Review your defenses. File before the deadline.
Taking action now protects your wages and bank accounts. Waiting costs you money and options.